Given that the scenario we are living in has never been equated, there are numerous issues that managers of the most varied companies will have to take into consideration urgently.
First of all, the contractual relations established with Clients and suppliers must be analysed, in particular the force majeure clauses, non-compliance with contractual services and the respective risks assumed by the parties. In fact, even if there is a breach of contract and this arises from a force majeure clause, this does not immediately mean that the debtor’s liability will be discharged. For such effects to occur, the performance of the obligation must be objectively impossible, and not only additionally costly or difficult. The contractual relations in force must, therefore, be examined in detail.
Secondly, attention must be paid to insurance policies in force and applicable to the company, in particular concerning deadlines, procedures, circumstances that aggravate the risks covered by the insurance contract, among others.
Regarding Labour Law, companies’ managing bodies should immediately pay attention to certain aspects: the possibility of teleworking, revision of employees’ health and safety plans and also the possibility to change their workplaces temporarily.
Still of significant importance, we suggest that companies review their obligations regarding health, sanitation and safety rules in the workplace. Some of these regulations have been changed due to this pandemic situation and each country has adopted different preventive measures. The pandemic situation we are facing does not preclude managers from taking a preventive and proactive stance, complying with their duties. Therefore, we suggest that companies immediately sought to adapt or modify the obligations previously assumed (if possible), in order to avoid future litigation and responsibility.